Application of Michael Bar-Mordecai [2013] NSWSC 1265

Application of Michael Bar-Mordecai [2013] NSWSC 1265

Leave to institute proceedings was refused because the proposed application sought orders not permitted by law, attempted to re-litigate matters already determined, was not supported by evidence of present fitness to practice, and included relief which the Court had no power to grant.

Jurisdiction
Australia
Judgment Date
05 September 2013
Procedural Posture
Application Under Vexatious Proceedings Act 2008 / Application for Leave to Commence Proceedings
Outcome
Application dismissed
Legal Topics
['vexatious Proceedings' 'leave to Commence Proceedings' 'medical Practitioner Deregistration' 'review of Tribunal Decisions']
['civil Procedure'] ['vexatious Proceedings' 'leave to Commence Proceedings' 'medical Practitioner Deregistration' 'review of Tribunal Decisions']

Case Brief

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Procedural Posture

Application Under Vexatious Proceedings Act 2008 / Application for Leave to Commence Proceedings

Legal Issues

  1. 1 ['Whether leave should be granted under s 14 of the Vexatious Proceedings Act 2008 to institute proceedings before the Medical Tribunal of NSW' 'Whether the proposed proceedings are vexatious or impermissible under the relevant statutory schemes']

Ratio Decidendi

Leave to institute proceedings was refused because the proposed application sought orders not permitted by law, attempted to re-litigate matters already determined, was not supported by evidence of present fitness to practice, and included relief which the Court had no power to grant.

Court Disposition

Application dismissed

Orders

  • ['The application for leave to commence proceedings pursuant to s 14 of the Vexatious Proceedings Act 2008, contained in Order 2 of the Summons filed 8 August 2013, is dismissed.' 'The Summons filed 8 August 2013 is otherwise dismissed.']